DUNN v. NEW LOUNGE 4324, LLC

11034.

180 A.D.3d 510 (2020)

118 N.Y.S.3d 600

2020 NY Slip Op 01032

Joseph Dunn, Respondent, v. New Lounge 4324, LLC, Doing Business as Bounce Sporting Club, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 13, 2020.


Defendant's summary judgment motion was properly denied. Defendant's witness testified that plaintiff was attacked by a third party away from defendant's business, after being removed from defendant's club. Plaintiff, however, testified that while inside defendant's club, defendant's bouncers punched him in the face, tackled him, and stomped on his foot, and then proceeded to punch him in the face again outside of the club. Such conflicting versions of what occurred raise...

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